2015 ORS
221.351¹

Liens based on municipal court judgment

• recording judgment or lien

• recording fee

(1) Subject to the requirements of ORS 221.344 (Registration of municipal court), a lien on real property of a judgment debtor may be acquired under a judgment docketed in a municipal court in the manner provided in this section. A lien on real property of a judgment debtor may be acquired under the provisions of this section only if:

(a) The judgment when docketed in the municipal court exceeds $3,000; or

(b) Two or more judgments against the same debtor are docketed in a municipal court in favor of a single judgment creditor and the total amount owing to the judgment creditor, determined by adding the amount of each individual judgment as of the date the judgment is docketed, is greater than $3,000.

(2) After a judgment is docketed in a municipal court, a certified copy of the judgment or a lien record abstract for the judgment may be recorded in the County Clerk Lien Record for the county that contains the municipal court that rendered the judgment. The judgment must be in an amount in excess of $3,000 as required by subsection (1) of this section, or be in excess of $3,000 when added to one or more other judgments in favor of a single judgment creditor as provided in subsection (1) of this section. The certified copy or lien record abstract may be recorded by the judgment creditor or by the agent of the judgment creditor at any time after the judgment is rendered and before the judgment expires under ORS 18.194 (Expiration and extension of judgment remedies for justice and municipal court judgments) or is fully satisfied. From the time the judgment is recorded in the County Clerk Lien Record, the judgment is a lien upon the real property of the defendant in the county.

(3) A certified copy of a docketed municipal court judgment or a lien record abstract for the judgment may be recorded in any County Clerk Lien Record. The judgment must be in an amount in excess of $3,000 as required by subsection (1) of this section, or be in excess of $3,000 when added to one or more other judgments in favor of a single judgment creditor as provided in subsection (1) of this section. A certified copy of the judgment or a lien record abstract for the judgment need not be recorded in the county that contains the court that rendered the judgment before a certified copy or a lien record abstract is recorded in any other county. If a certified copy of the judgment or a lien record abstract for the judgment has been recorded in any County Clerk Lien Record, a lien record abstract for the judgment in the form provided by ORS 18.170 (Form for lien record abstract) may be recorded in the County Clerk Lien Record for any other county. From the time the certified copy or lien record abstract is recorded in the County Clerk Lien Record of another county, the judgment is a lien upon the real property of the defendant in that county.

(5) The recording of a certified copy of a municipal court judgment or a lien record abstract under this section does not extend the lien of the judgment more than 10 years from the original entry of the judgment in the municipal court.

Notes of Decisions

Person who is convicted in municipal court and ap­peals that con­vic­­tion to circuit court, pursuant to these sec­tions, may ap­peal adverse decision of circuit court to Court of Appeals only if case involves constitu­tionality of ordinance under which defendant was convicted. City of Lincoln City v. Pennington, 91 Or App 713, 756 P2d 75 (1988)

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